Legal Definitions - de rationabilibus divisis

de rationabilibus divisis refers to a historical legal writ, or formal court order, used in medieval English law. Its purpose was to resolve disputes over property boundaries, specifically when the properties in question were located in different towns or jurisdictions, and one landowner accused the other of encroaching upon their land. Essentially, it was a legal mechanism to establish and fix reasonable and clear divisions between neighboring properties that spanned different local administrative areas.

• Example 1: Lord Ashworth owns an estate primarily situated within the town of Oakhaven, while his neighbor, Lord Blackwood, holds an adjacent estate mostly within the neighboring town of Willowcreek. A small stream traditionally marked their boundary, but over time, a new path was cleared, and Lord Blackwood began cultivating a small plot of land that Lord Ashworth believes is on his side of the stream, within Oakhaven's jurisdiction. To legally determine the correct boundary between their properties, which cross the town lines, Lord Ashworth would have sought a de rationabilibus divisis writ.

  Explanation: This scenario perfectly illustrates the term because it involves a dispute over a property boundary (the stream and cultivated plot) between two landowners whose properties fall under the jurisdiction of different towns (Oakhaven and Willowcreek). The writ would provide the legal means to establish a definitive and reasonable division.

• Example 2: Imagine two farming communities, one in the town of Greenfield and the other in Meadowbrook. A farmer from Greenfield, Mr. Davies, claims that his neighbor, Mr. Evans from Meadowbrook, has moved a series of boundary stones, allowing his livestock to graze on Mr. Davies's pasture. The disputed land lies directly on the administrative border between Greenfield and Meadowbrook. Mr. Davies would petition the court for a de rationabilibus divisis writ to have the official boundary between their properties, and thus between the towns, legally surveyed and affirmed.

  Explanation: Here, the core elements are present: a dispute over the precise location of boundary markers (boundary stones) between two farmers. Crucially, the properties are located in different towns (Greenfield and Meadowbrook), making the de rationabilibus divisis writ the appropriate legal instrument to resolve the trespass claim and establish the correct, reasonable division.